Information on Massachusetts Ballot Question 2:
Information provided by Secretary of the Commonwealth,
William Francis Galvin
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Possession of Marijuana:
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of
Representatives before May 6, 2008?
This proposed law would replace the criminal penalties for possession of one ounce or less of marijuana
with a new system of civil penalties, to be enforced by issuing citations, and would exclude information
regarding this civil offense from the state's criminal record information system. Offenders age 18 or older
would be subject to forfeiture of the marijuana plus a civil penalty of $100. Offenders under the age of 18
would be subject to the same forfeiture and, if they complete a drug awareness program within one year of
the offense, the same $100 penalty.
Offenders under 18 and their parents or legal guardian would be notified of the offense and the option for
the offender to complete a drug awareness program developed by the state Department of Youth Services.
Such programs would include ten hours of community service and at least four hours of instruction or
group discussion concerning the use and abuse of marijuana and other drugs and emphasizing early
detection and prevention of substance abuse.
The penalty for offenders under 18 who fail to complete such a program within one year could be increased
to as much as $1,000, unless the offender showed an inability to pay, an inability to participate in such a
program, or the unavailability of such a program. Such an offender's parents could also be held liable for
the increased penalty. Failure by an offender under 17 to complete such a program could also be a basis
for a delinquency proceeding.
The proposed law would define possession of one ounce or less of marijuana as including possession of one
ounce or less of tetrahydrocannibinol ("THC"), or having metabolized products of marijuana or THC in
one's body.
Under the proposed law, possessing an ounce or less of marijuana could not be grounds for state or local
government entities imposing any other penalty, sanction, or disqualification, such as denying student
financial aid, public housing, public financial assistance including unemployment benefits, the right to
operate a motor vehicle, or the opportunity to serve as a foster or adoptive parent. The proposed law would
allow local ordinances or bylaws that prohibit the public use of marijuana, and would not affect existing
laws, practices, or policies concerning operating a motor vehicle or taking other actions while under the
influence of marijuana, unlawful possession of prescription forms of marijuana, or selling, manufacturing,
or trafficking in marijuana.
The money received from the new civil penalties would go to the city or town where the offense occurred.
WHAT YOUR VOTE WILL DO:
A YES VOTE would replace the criminal penalties for possession of one ounce or less of marijuana with a
new system of civil penalties.
A NO VOTE would make no change in state criminal laws concerning possession of marijuana.
Marijuana decriminalization is an endorsement of substance abuse and dangerous criminal activity, and sends the
wrong message to young people. Massachusetts law already requires our judges to dismiss charges and seal
records of first-time offenders. Decriminalization emboldens and enables drug dealers and poses a threat to public
health and safety. One ounce of marijuana - street value $600 - equates to approximately 56 individual sales.
Marijuana contains nine times the mind-altering THC as 30 years ago, is twice as carcinogenic as tobacco, is a
primary factor in juvenile hospital admissions, and its users are 10 times more likely to be involved in automobile
crashes. It is more strongly associated with juvenile crime than alcohol. A large percentage of criminal arrestees
(approximately 40%) test positive for marijuana. Decriminalization is opposed by law enforcement, educators,
health care, business and community leaders. Massachusetts District Attorneys, Sheriffs and Police Chiefs urge
your NO vote.
Opinion Authored by: Michael O'Keefe
District Attorney for the Cape and Islands
President, Massachusetts
District Attorneys Association